Right to A Healthy Environment

The Right to a Healthy Environment has become a crucial discussion in the recurring nature of environmental emergencies. This underscores a deeper governance and constitutional question: Does the right to life include the right to breathe clean air? Read here to learn more.

Every winter, Delhi and large parts of the National Capital Region (NCR) are enveloped in a dense blanket of smog, pushing air quality indices into the “severe” category.

Emergency measures such as work-from-home advisories, school closures, and hybrid classes offer only temporary relief, while the underlying public health crisis persists.

Amid escalating air pollution and mounting health costs, the recognition of a right to a healthy environment, through judicial interpretation and constitutional mandates, has become not merely desirable but imperative.

Table of Contents

Right to a healthy environment: Air Pollution

Air pollution in India arises from multiple interlinked sources:

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Burning of fossil fuels in power generation and industry
Vehicular emissions
Construction and demolition activities
Poor waste management and open burning
Agricultural residue burning

Among these, particulate matter (PM2.5 and PM10) is the most lethal pollutant. Due to its microscopic size, it penetrates deep into the lungs and bloodstream, leading to:

Cardiovascular diseases
Chronic respiratory illnesses
Stroke and lung cancer

According to global health assessments, air pollution is responsible for millions of premature deaths annually, making it one of the leading environmental risk factors worldwide.

Judicial Expansion of Environmental Rights

The Indian Constitution does not explicitly mention a “right to a healthy environment.” However, the judiciary has progressively expanded the scope of Article 21 (Right to Life) to include environmental protection.

Key Judicial Interpretations relevant to the right to a healthy environment:

Maneka Gandhi v. Union of India (1978): Expanded the meaning of “life” beyond mere animal existence.
Subhash Kumar v. State of Bihar (1991): Explicitly held that the right to life includes the right to enjoy pollution-free air and water.
M.C. Mehta v. Union of India (Oleum Gas Leak case): Established absolute liability for hazardous industries and reinforced environmental accountability.
Virendra Gaur v. State of Haryana (1995): Recognised environmental protection as a fundamental obligation of the State.

Through these rulings, the Supreme Court has effectively constitutionalised environmental rights by linking them to human dignity, health, and survival.

Constitutional Mandates for Environmental Protection

While the Fundamental Rights chapter lacks an explicit environmental right, the Constitution provides strong environmental safeguards through other provisions:

Directive Principles of State Policy-Article 48A: Directs the State to protect and improve the environment and safeguard forests and wildlife.
Fundamental Duties-Article 51A(g): Imposes a duty on every citizen to protect and improve the natural environment, including air, water, forests, and wildlife.

Together, these provisions create a constitutional ecosystem that supports environmental protection as a shared responsibility of the State and citizens.

State Responsibility and Environmental Governance

The recognition of environmental rights imposes a positive obligation on the State, not merely to refrain from harm, but to actively prevent environmental degradation.

Fragmented institutional responsibility between the Centre, States, and local bodies
Weak enforcement of pollution control norms
Regulatory capture and compliance deficits
Reactive, emergency-driven responses instead of preventive planning

While mechanisms such as the National Green Tribunal (NGT) and environmental impact assessments exist, enforcement gaps continue to undermine outcomes.

Is the Right to a healthy environment a Justiciable Right?

Globally, over 150 countries recognise the right to a healthy environment either constitutionally or through legislation.

In 2022, the UN General Assembly recognised a clean, healthy, and sustainable environment as a universal human right.

In India, the absence of an explicit constitutional right results in:

Dependence on judicial intervention rather than policy certainty
Uneven enforcement across regions
Limited accountability for long-term environmental harm

A clearer legal articulation, whether through constitutional amendment or comprehensive environmental legislation, could strengthen enforceability and policy coherence.

Way Forward

To operationalise the right to a healthy environment, India must move beyond episodic responses and adopt a rights-based governance approach:

Explicit Legal Recognition: Codify environmental rights through legislation or constitutional clarification.
Preventive Regulation: Shift focus from crisis management to pollution prevention and urban planning.
Strengthened Institutions: Empower pollution control boards with autonomy, resources, and accountability.
Cooperative Federalism: Coordinate action across States, especially in regional pollution hotspots like the NCR.
Citizen Participation: Promote public awareness and community monitoring to uphold Article 51A(g).

Conclusion

The recurring smog crises in Delhi and other urban centres are not merely environmental failures; they represent a failure to protect a fundamental human right.

Judicial interpretations have rightly linked environmental quality to the right to life, but lasting solutions require proactive state action and explicit legal recognition.

A healthy environment is no longer a luxury or an aspirational goal; it is a precondition for life, dignity, and sustainable development. In an era of climate change and ecological stress, reaffirming and enforcing this right is not just the need of the hour, but a constitutional and moral imperative.

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